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AGENDA

12 June 2018
Council Meeting

WEB SITE: www.wtc.tas.gov.au


12 June 2018

Table of Contents
Details Page

/18 MINUTES.....................................................................................................................................4

/18 COUNCIL WORKSHOPS............................................................................................................4

/18 DECLARATIONS OF PECUNIARY INTEREST..........................................................................4

COMMUNITY INPUT TIME .........................................................................................................4

PLAN 1 STATUTORY PLANNER’S REPORT: SINGLE DWELLING AT 2 SANTORINI STREET,


LEGANA ......................................................................................................................................6

PLAN 2 SENIOR STATUTORY PLANNER’S REPORT: OUTBUILDING - VARY SIDE AND REAR
SETBACKS, SIZE OF OUTBUILDING EXCEEDING 80M², AREA OF LANDSLIP RISK AT 69
ROSEVEARS DRIVE, LEGANA............................................................................................... 23

GEN MAN 1 GENERAL MANAGER'S REPORT: TAMAR ESTUARY RIVER HEALTH ACTION PLAN..... 46

CORP 1 CHIEF FINANCIAL OFFICER’S REPORT: 2018/2019 ESTIMATES AND RATES AND
CHARGES ................................................................................................................................ 49

CORP 2 CHIEF FINANCIAL OFFICER’S REPORT: FEES AND CHARGES FOR THE 2018/2019
FINANCIAL YEAR .................................................................................................................... 91

CORP 3 MANAGER CORPORATE’S REPORT: DELEGATIONS UNDER THE FOOD ACT 2003 ... 105

CORP 4 MANAGER CORPORATE’S REPORT: DELEGATIONS UNDER THE PUBLIC HEALTH ACT
1997........................................................................................................................................ 109

CNCL 1 NOTICE OF MOTION: COUNCILLOR KEARNEY: DONATION TO DERWENT VALLEY


COUNCIL................................................................................................................................ 114

/18 MEETING CLOSURE............................................................................................................. 115

Item from the closed section of the meeting

C/18 MINUTES................................................................................................................................ 116

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WEST TAMAR COUNCIL


PO Box 16 Council Chambers
RIVERSIDE TAS 7250 BEACONSFIELD TAS 7270

7 June 2018

TO ALL COUNCILLORS

Dear Councillor

I wish to advise that an Ordinary meeting of the West Tamar Council will be held at the Council
Chambers, West Street, Beaconsfield on Tuesday 12 June 2018 at 1.30pm.

Rolph Vos
GENERAL MANAGER

Workshop held prior to Nil.


Council meeting day:
Workshops:
 9.30am - Tamar Visitor Centre (Michele Gibbins)
 10.00am - Windsor Café (Michele Gibbins & David Gregory)
 10.30am - Communication Policy (David Gregory)
 10.45am - Exeter Child Care Centre Update (David Gregory)
 11.00am - Budget 2018/2019 (Jason Barker)
 11.10am - Related Parties Disclosure (Jason Barker)
 11.20am - Local Area Committees (Michele Gibbins)
 11.40am - Planning (Andrew Brown)
 12 noon Luncheon at River Edge Café, Beauty Point.

AGENDA
1. Apologies
2. Confirmation of minutes from 15 May 2018
3. Declarations of Pecuniary Interest
4. Community Input Time
5. Reports a) Planning
b) General Manager
c) Development
d) Corporate
e) Community
f) Infrastructure
6. Notices of Motion from councillors
7. Questions with Notice
8. Questions without Notice
9. Closed Meeting Items

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Minutes of the Ordinary Meeting of the West Tamar Council held at the Council Chambers, West
Street, Beaconsfield on Tuesday 12 June 2018 at 1.30pm.

PRESENT:

APOLOGIES:

IN ATTENDANCE:

/18 MINUTES

Moved Cr ............................ seconded Cr ................................. that the minutes of the meeting


held on 15 May 2018 be received and confirmed.

/18 COUNCIL WORKSHOPS

/18 DECLARATIONS OF PECUNIARY INTEREST

COMMUNITY INPUT TIME

The general rules for Community Input Time:

 30 minutes maximum period with up to 15 minutes for community ideas


input and 15 minutes for public questions.

 community input time limits any one speaker to a maximum of 5 minutes

 public question time limits each speaker to a maximum of 3 questions on


any specific subject. A question will be answered if the information is known
otherwise taken on notice and responded to in writing. Where there are
several persons wishing to ask questions, a rotational basis will be used.

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“I certify that with respect to all advice, information or recommendation provided to


council with this agenda:

1. the advice, information or recommendation is given by a person who has the


qualifications or experience necessary to give such advice, information or
recommendation, and

2. where any advice is given directly to council by a person who does not have the
required qualifications or experience that person has obtained and taken into account
in that person’s general advice the advice from an appropriately qualified or
experienced person.”

Rolph Vos
GENERAL MANAGER

“Notes: S65(1) of the Local Government Act requires the General Manager to ensure
that any advice, information or recommendation given to the council (or a council
committee) is given by a person who has the qualifications or experience necessary
to give such advice, information or recommendation. S65(2) forbids council from
deciding any matter which requires the advice of a qualified person without
considering that advice.”

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PLAN 1 STATUTORY PLANNER’S REPORT: SINGLE DWELLING AT 2 SANTORINI STREET,


LEGANA

1) Introduction

This report assesses a discretionary planning application for a single dwelling at 2 Santorini Street,
Legana. One representation to the proposal was received.

2) Background

Development Application: PA2018097

Development Description
A 535m2 single level four bedroom dwelling is proposed, to be 7.71m from the (internal) front
boundary, 3m from the rear boundary, 4m from the west side boundary and 11.21m from the east
side boundary. Comprises kitchen, dining and living area, four bedrooms, two bathrooms and a
powder room, along with separate living, study and laundry and 206m2 of integrated garaging.
Modern flat roof design with block work and lightweight cladding. Maximum height is 5m.

Applicant
Honed Architecture and Design.

Planning Instrument
West Tamar Interim Planning Scheme 2013 (the Scheme).

Zone
Low Density Residential.

Overlays
None.

Use
Use class Residential (single dwelling)
Use status No permit required

Discretions
12.4.1.4 - A1 Vary rear boundary setback
12.4.1.4 - A2 Vary side boundary setback

Attachments
1. Location plan
2. Proposal plans
3. Planning scheme assessment report
4. Representation

3) Strategic/Annual Plan/Council Policy

The proposal is consistent with Council’s Strategic and Annual Plans and policies.

4) Statutory Requirements

The application was made pursuant to section 57 of the Land Use Planning and Approvals Act 1993
(the Act). Determination of the application is a statutory obligation. The application must be
determined by 12/6/18 (extended) to meet the statutory deadline under the Act.
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The application was assessed against the relevant zone and code standards. The proposal complied
with the relevant standards, except for the identified discretions. The following discretions were
supported when assessed against the relevant performance criteria:
12.4.1.4 - A1 Vary rear boundary setback
12.4.1.4 - A2 Vary side boundary setback
The detailed assessment report was provided as Attachment 3 to this report.
Assessment of the requested discretions against the relevant performance standards supported
approval of the application.

5) Notification

The application was notified for the required 14 day period from 19/5/18 to 4/6/18. One
representation was received, from a neighbour to the west. Council is required to consider
representations to discretionary applications under both the Act and the Scheme. Matters raised in
the representation are addressed in the following table. A copy of the representation is provided as
Attachment 4 to this report.

Issue Planning response


I was lead [sic] to believe this lot 198 [the The acceptable solution setbacks for the
subject site] in front of mine has a ‘building subject site are 10m for the side boundary and
clause that states 10m setbacks from its 5m for the rear boundary.
boundaries…Building a 5m high garage 4m
from my eastern boundary and 3m from lot An application that does not comply with the
198 southern boundary is not acceptable acceptable solutions can rely on the
and I object. performance criteria as this one does. An
assessment (see attachment 3) concluded that
the performance criteria are met.

While the concerns of the representor are noted, they did not raise any matters that alter assessment
of the application against the Scheme.

6) Alternative Options

The Planning Authority may approve (with or without conditions) or refuse the application, based on
its assessment against the Scheme and any representations that were received. A recommendation
is provided for approval with conditions. Any alternative decisions should be provided with relevant
planning reasons.

7) Financial Impact

Financial impacts are normally limited to the application process and any appeal that may be lodged
against the Planning Authority’s decision, provided statutory obligations are met.

8) Officer’s Comments

The proposal was assessed against the provisions of the scheme and complied with all relevant
tests. On this basis, the proposal should therefore be approved.

James Ireland
STATUTORY PLANNER

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RECOMMENDATION

That application PA2018097 be determined as follows:

a. the requested variations comply with the relevant performance criteria and can be supported;
b. the representation does not have planning merit when assessed against the scheme; and

the application for a single dwelling at 2 Santorini Street, Legana be APPROVED subject to the
following conditions:

ENDORSED PLANS
1. The development must be carried out as shown on the endorsed plans by Honed Architecture
and Design dated 23/4/18 (1807). Any other proposed development and/or use will require a
separate application to and assessment by the Council.

Permit Notes

NOTATIONS
A. This permit was issued based on the proposal documents submitted for PA2018097. You should
contact Council with any other use or developments, as they may require the separate approval
of Council. Council planning staff can be contacted on 6323 9309.

B. This permit takes effect after:


a) the 14 day appeal period expires; or
b) any appeal to the Resource Management and Planning Appeal Tribunal is abandoned or
determined; or
c) any agreement that is required by this permit pursuant to Part V of the Land Use Planning
and Approvals Act 1993 is executed; or
d) any other required approvals under this or any other Act are granted.

C. This permit is valid for two (2) years only from the date of approval and will thereafter lapse if
the development is not substantially commenced. An extension may be granted subject to the
provisions of the Land Use Planning and Approvals Act 1993 as amended, by a request to
Council.

OTHER APPROVALS
D. This permit does not imply that any other approval required under any other by-law or legislation
has been granted.

RESTRICTIVE COVENANTS
E. The granting of this permit takes no account of any covenants applicable to the land. The permit
holder and any other interested party, should make their own enquires as to whether the
proposed development is effected, restricted or prohibited by any such covenant.
If the proposal is non-compliant with any restrictive covenants, those restrictive covenants
should be removed from the title prior to construction commencing or the owner will carry the
liability of potential legal action in the future.

APPEAL PROVISIONS
F. A planning appeal may be instituted by lodging a notice of appeal with the Registrar of the
Resource Management and Planning Appeal Tribunal. A planning appeal may be instituted
within 14 days of the date the Corporation serves notice of the decision on the applicant. For
more information see the Resource Management and Planning Appeal Tribunal website
www.rmpat.tas.gov.au
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12 June 2018

PERMIT COMMENCEMENT
G. If an applicant is the only person with a right of appeal pursuant to section 61 of the Land Use
Planning and Approvals Act 1993 and wishes to commence the use or development for which
the permit has been granted within that 14 day period, the Council must be so notified in writing.
A copy of Council’s Notice to Waive Right of Appeal is attached.

ABORIGINAL HERITAGE
H. If any Aboriginal relics are uncovered during works;
a) All works are to cease within a delineated area sufficient to protect the unearthed and
other possible relics from destruction,
b) The presence of a relic is to be reported to Aboriginal Heritage Tasmania Phone: (03)
6233 6613 or 1300 135 513 (ask for Aboriginal Heritage Tasmania) Fax: (03) 6233 5555
Email: aboriginal@heritage.tas.gov.au); and
c) the relevant approval processes will apply with state and federal government agencies.

DECISION

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PLAN 1 - Attachment 1
Location Plan
2 Santorini Street, Legana

Subject
Site

Representor

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PLAN 1 - Attachment 2
Proposal Plans
2 Santorini Street, Legana
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PLAN 1 - Attachment 3
Planning Scheme Assessment Report
2 Santorini Street, Legana

DEVELOPMENT DESCRIPTION
A 535m2 single level four bedroom dwelling is proposed, to be 7.71m from the (internal) front
boundary, 3m from the rear boundary, 4.2m from the west side boundary and 11.21m from the east
side boundary. Comprises kitchen, dining and living area, four bedrooms, two bathrooms and a
powder room, along with separate living, study and laundry and 206m2 of integrated garaging.
Modern flat roof design with block work and lightweight cladding. Maximum height is 5m.

SITE EVALUATION
The subject site is a 2501m2 internal lot on the south side of Santorini Street in Legana, just west of
Acropolis Drive. The lot is cleared and vacant of development. The body of the lot slopes down 4m
to the north east. To the west are three single dwellings and a vacant residential lot. To the north
and east are vacant residential lots. To the south is the balance lot of the same subdivision.

SITE CONSTRAINTS/APPLICABLE OVERLAYS


 Landslip: not applicable. No medium hazard band or higher on the site.
 Flooding: the site is not prone to flooding.
 Capacity of infrastructure including access: the existing infrastructure, including access, has
sufficient capacity to service the proposal.

ANALYSIS
 The surrounding uses and developments are compatible with the proposal.
 The proposal is compatible with the surrounding uses.
 There are no known hazards impacting on the proposal.

INTERNAL REFERRALS
 Council’s Infrastructure Department requested further information in relation to the
proposed boulder wall and were satisfied with the response.

PLANNING MATTERS
The subject site is within the Low Density Residential zone. The purpose of the zone is:
 To provide for residential use or development on larger lots in residential areas where there
are infrastructure or environmental constraints that limit development.
 To provide for non-residential uses that are compatible with residential amenity.
 To ensure that development respects the natural and conservation values of the land and is
designed to mitigate any visual impacts of development on public views.
12.1.4 Local Area Objectives and 12.1.5 Desired Future Character Statements
(Not applicable as only applicable to discretionary uses).

12.2 Use
The proposed use is residential (single dwelling) for which no permit is required in the zone.

12.3 Use Standards


(Not applicable as only applicable to non-residential or discretionary uses).

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12.4 Development Standards
12.4.1.1 Site Coverage
Objective:
a) To ensure that the site coverage respects the existing or preferred neighbourhood character:
and
b) To reduce the impact of increased stormwater runoff on the drainage system; and
c) To ensure sufficient area for landscaping and private open space.
Acceptable Solutions Performance Criteria
A1 The site coverage must not exceed P1 The site coverage must have regard to the:
30% of the site. a) size and shape of the site; and
b) existing buildings and any constraints
imposed by existing development or the
features of the site; and
c) site coverage of adjacent properties; and
d) effect of the visual bulk of the building and
whether it respects the neighbourhood
character; and
e) capacity of the site to absorb runoff; and
f) landscape character of the area and the
need to remove vegetation to accommodate
development.
Complies with the acceptable solution. Site coverage is 23%.

12.4.1.2 Building Height


Objective:
To ensure that the height of dwellings respects the existing or desired future character
statements.
Acceptable Solutions Performance Criteria
A1 Building height must not exceed 8 P1 Building height must be appropriate to the site
metres. and the streetscape having regard to the:
a) effect of the slope of the site on the height of
the building; and
b) relationship between the proposed building
height and the height of existing adjacent
buildings; and
c) visual impact of the building when viewed from
a road.
Complies with the acceptable solution. Maximum height is 5m.

12.4.1.3 Frontage Setbacks


Objective:
To ensure that the setbacks of dwellings from the road respect the existing or preferred
neighbourhood character and make efficient use of the site.
Acceptable Solutions Performance Criteria
A1.1 Primary frontage setbacks must be a P1 Buildings are set back from the primary
minimum: frontage an appropriate distance having regard
a) in accordance with Table 12.1.4.3; and to:
a) the efficient use of the site; and
Table 12.1.4.3 Primary Frontage Setback
2 b) the safety of road users; and
Lots 2500 m or less 6 metres
c) the prevailing setbacks of existing buildings on
Lots between 2500 m2 10 metres
nearby lots; and
and 5000m2
d) the visual impact of the building when viewed
Lots exceeding 5000m2 15 metres from the road; and
b) for infill lots, within the range of the e) retention of vegetation within the front setback.
frontage setbacks of buildings on
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adjoining lots, indicated by the hatched
section in Figure 12.4.1.3 below; and

Existing
building Infill Lot

Existing
building

Road

Figure 12.4.1.3 - Primary Frontage


Setback for Infill Lots
A1.2 Buildings must be set back a
minimum of 8 metres from the any
other frontage.
Complies with the acceptable solution for lots exceeding 5000 m2. Setback 77m.

12.4.1.4 Rear and Side Setbacks


Objective:
To ensure that the:
a) height and setback of dwellings from a boundary respects the existing neighbourhood
character and limits adverse impact on the amenity and solar access of adjoining dwellings;
and
b) separation of buildings is consistent with the preferred low density character and local area
objectives, if any.
Acceptable Solutions Performance Criteria
A1 Buildings must be set back 5m from P1 Building setback to the rear boundary must be
the rear boundary. appropriate to the location, having regard to
the:
a) ability to provide adequate private open space
for the dwelling; and
b) character of the area and location of dwellings
on lots in the surrounding area; and
c) impact on the amenity and privacy of habitable
room windows and private open space of
existing and adjoining dwellings; and
d) impact on the solar access of habitable room
windows and private open space of adjoining
dwellings; and
e) locations of existing buildings and private open
space areas; and
f) size and proportions of the lot.
Does not comply with the acceptable solution so must meet the performance criteria.
Setback 3m, acceptable solution is 5m.
In relation to a), over 500m2 of private north facing open space is provided on the subject
site.
In relation to b), 47 and 56 Acropolis Drive have similar or lesser rear setbacks than the
proposal.
In relation to c), the relevant dwelling is at 43 Acropolis Drive to the west. The area of non-
compliance in the proposal is the west wall of the garage. It has widows, but as they are at
ground level, a standard fence between the properties will prevent any overlooking.
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In relation to d), no habitable room windows on neighbouring properties are
overshadowed. The private open space of 43 Acropolis Drive is not overshadowed at 12
midday or 3pm on the winter solstice (21 June). No more than 90m2 of it is overshadowed
at 9am. This is 4.5% of the lot, which is considered reasonable.
Criteria e) is not applicable as the lot is vacant.
In relation to f), the lot is relatively large, but the setbacks are considered reasonable on
the basis of the lack of off-site impacts.
It is considered that the building is setback appropriately for the location and the
performance criteria are met.
A2 Buildings must be set back in P2 Building setback to the side boundary must be
accordance with Table 12.4.1.4 appropriate to the location, having regard to
below. the:
Table 12.4.1.4 a) ability to provide adequate private open space
Lots 2500 m2 or less 3 metres for the dwelling; and
Lots exceeding 2500m2 10 metre b) character of the area and location of dwellings
on lots in the surrounding area; and
c) impact on the amenity and privacy of habitable
room windows and private open space of
existing and adjoining dwellings; and
d) impact on the solar access of habitable room
windows and private open space of adjoining
dwellings; and
e) locations of existing buildings and private open
space areas; and
f) size and proportions of the lot; and
g) extent to which the slope and retaining walls or
fences reduce or increase the impact of the
proposed variation.
Does not comply with the acceptable solution for lots exceeding 2500m2 so must meet the
performance criteria. Setback 4.2m from the west side boundary, acceptable solution is
10m.
In relation to a), over 500m2 of private north facing open space is provided on the subject
site.
In relation to b), six of the seven closest dwellings to the subject site have similar or less
side setbacks than the proposal.
In relation to c), the relevant dwelling is at 43 Acropolis Drive to the west. The area of non-
compliance in the proposal is the west wall of the garage. It has widows, but as they are at
ground level, a standard fence between the properties will prevent any overlooking.
In relation to d), no habitable room windows on neighbouring properties are
overshadowed. The private open space of 43 Acropolis Drive is free of shadow at 12
midday and 3pm on the winter solstice (21 June). No more than 90m2 of it is
overshadowed at 9am. This is 4.5% of the lot, which is considered reasonable.
Criteria e) is not applicable as the lot is vacant.
In relation to f), the lot is relatively large, but the setbacks are considered reasonable on
the basis of the lack of off-site impacts.
In relation to g), the land to the west is slightly higher than the subject, reducing the
impact of the non-compliance.
It is considered that the building is setback appropriately for the location and the
performance criteria are met.

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12.4.1.6 Outbuildings and Ancillary Structures


(Not applicable - no outbuildings proposed)
Codes applicable to the application:
E6.0 Car parking and Sustainable Transport Code
Applies to all applications. The proposal meets all the acceptable solutions in this code.
STATE POLICIES
The proposal is consistent with the intent of all State Policies.
OBJECTIVES OF THE LAND USE PLANNING AND APPROVALS ACT 1993
The proposal is consistent with the objectives of the Land Use Planning and Approvals Act 1993.

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PLAN 1 - Attachment 4
Representation
2 Santorini Street, Legana

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PLAN 2 SENIOR STATUTORY PLANNER’S REPORT: OUTBUILDING - VARY SIDE AND


REAR SETBACKS, SIZE OF OUTBUILDING EXCEEDING 80M², AREA OF LANDSLIP
RISK AT 69 ROSEVEARS DRIVE, LEGANA

1) Introduction

This report assesses a discretionary planning application for an 84m² outbuilding at 69 Rosevears
Drive, Legana. Two representations were received to the proposal.

2) Background

Development Application: PA2018026


Development Description
An 84m² outbuilding is proposed, to be 3.6m from the rear boundary and 2.6m from the south side
boundary. It is a 12m by 7m proprietary outbuilding with a wall height of 3.5m and an apex height of
4.95m. Land behind the outbuilding is retained with 1m high rock gabion walls and land in front of it
is filled, retained with 1m high concrete sleeper walls. The site plan shows the existing driveway
extending to the outbuilding with extensive drainage including grates, stormwater drains and pits and
a “V” swale blue metal drain. A new parking area is also proposed in front of the existing dwelling
with access via the exiting crossover.

Applicant
D. Perks.

Planning Instrument
West Tamar Interim Planning Scheme 2013.
(the Scheme)

Zone
Low Density Residential.

Use
Use class Residential
Use status No permit required

Discretions
14.4.1.4 Rear and side setbacks
14.4.1.6 Floor area of outbuilding
E3.6.1 Development on land subject to risk of landslip

Attachments
1. Location plan
2. Proposal
3. Scheme assessment report
4. Representations

3) Strategic/Annual Plan/Council Policy

The proposal is consistent with Council’s Strategic and Annual Plans and policies.

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4) Statutory Requirements

The application was made pursuant to section 57 of the Land Use Planning and Approvals Act 1993
(the Act). Determination of the application is a statutory obligation.
The application must be determined by 12 June 2018 (extended) to meet the statutory deadline
under the Act. The application was assessed against the relevant zone and code standards. The
proposal complied with the relevant standards, except for the identified discretions. The following
discretions were supported when assessed against the relevant performance criteria:
12.4.1.4 P1 and P2 require assessment of amenity impacts and separation of dwellings;
E3.6.1 P1 requires assessment of the risk to life and property.
The detailed assessment report was provided as Attachment 3 to this report. Assessment of the
requested discretions against the relevant performance standards supported approval of the
application.

5) Notification

Initially an application was made for a 143m² outbuilding. This was notified in March and three
representations were received. Prior to the April Council meeting where a decision would have been
made, the applicant withdrew the 143m2 proposal and resubmitted a smaller proposal (an 84m2
outbuilding), which is the subject of this report. This proposal was notified from 16/5/18 to 30/5/18.
Two representations were received. Council is required to consider representations to discretionary
applications under both the Act and the Scheme.

Matters raised in the representations are addressed in the following table. Full copies of the
representations are provided as Attachment 4 to this report.
Issue Planning response
Peter Fawkner, 7 McEwans Road
There appears to be no description of the The planning scheme does not control
material that the building will be made of or the materials and/or colours. Notwithstanding
colour that it will be. I would prefer that it was this, the applicant has confirmed that the
not made of galvanised steel as this would cladding and roof will be Colorbond finish
offer a strong reflection of the morning sun. I and not galvanised steel.
have already experienced this albeit in a small
fashion from the roof of another neighbour’s
outbuilding. Our adjoining property faces east
and Mr. Perks property is again to the east of
us.
Mr. Perks’ house has been in a state of Council cannot force someone to complete
disrepair (part of the rear wall missing and a project. Property values are not a
plumbing breather pipe hanging at an angle planning consideration.
and disconnected) for more than 4 years.
Taking this as an indicator I am concerned that
the same thing will occur with the proposed
building but over a longer period of time. This
does not have a positive effect on property
values in the area or the general tone of the
neighbourhood.
Mr. Perks has told me that he intends to use A panel beating business is classified as
the building for doing up old cars which he service industry, which is prohibited in the
collects. This includes panel beating which I zone. Similarly, the definition of home
understand is his trade. I am nervous that this based business (were an application to be
hobby might be developed into a panel beating made for this; one has not) specifically
business in this, a residential area. prohibits motor vehicle repair and service.
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A permit condition will further reinforce that
the site/building is not to be used for
commercial/industrial use.
Despite the advice given, I have concerns The proposal is subject to the normal
about groundwater and drainage given the plumbing approval process. The plans
undercut site if Mr. Perks’ proposal and the show the management of stormwater.
experience of winter rains on the clay soils of
the hillside.
G. Atkinson
(representation to amended proposal)

Landslip
The Tasman Geotechnics Report: Location of A Landslip Risk Assessment was submitted
Borehole 1 (BH1) and Borehole (BH2) were I with the initial application and an
believe from my observations at the time, not addendum to this was submitted with this
as shown site plan. application to reflect the changes. The bore
hole locations were shown on one plan -
the plan in the initial Landslip Risk
Assessment.
Further at time of drilling ground was dry as
rainfall over previous months February, March Council requires a Landslip Risk
and April 2017 was well below average Assessment to provide technical expertise
according to Bureau of Meteorology records. in relation to whether or not the proposed
Thus assessment of ground moisture at time of development is an acceptable risk. The fact
drilling would not be a true indication of ground that it has not rained must be taken into
water status particularly for the wetter months account by the qualified consultant and
of the year. Council must rely on such advice.

Stormwater
Earth works covering approximately 50% of the Stormwater must be controlled on the
site has already been undertaken and as such subject site. This is regulated through the
has altered the natural drainage of the site. No plumbing approval process.
council work permit to the best of my Notwithstanding this, stormwater drainage
knowledge was in place at the time. Plan is shown on the application plans. The best
shows land slope towards northerly direction way for any stormwater issues currently on
however much of the reconfigured site now the site is for the proposal to be approved
actually slopes toward the southern direction and for it to go through the plumbing
and south east, thus is directing runoff onto No approval process.
67 Rosevears Drive. As shown in photos
attached to prior submission runoff water now
flows towards No67.

It is noted in Geotechnics report item 4.1 for


the need to install adequate drainage system The Landslip Risk Assessment will be an
to collect water from regraded site and building endorsed document as part of any planning
however no indication on new plan seems to permit. All the recommendations of the
adequately address this critical issue. The assessment must be carried out, just like
report also indicates current pipe work is not the proposal must be built as per the plans.
correctly installed. This is not a good indication This still applies if the measures are not
that building’s drainage proposal will be shown on the application plans.
effectively installed.

The report also fails to mention that after rain, If it wasn’t raining on the day Tasman
water is observed running from under the Geotechnics visited the site it is very
residence and proceeding to the council road, difficult for them to mention this. It is also
Rosevears Drive. This indicates the site has a possible that the geotechnical engineer did
25
12 June 2018
recurring drainage issue and current soil not consider it a matter relevant to their
redistribution at best will only divert some of assessment.
this towards No 67 Rosevears Drive property.
Swale drainage proposal is directed towards The swale drain on the plan is within the
property boundary on SE and poses a risk of property boundary and directs into a pit
directing water into No 67. Open swale would and into the existing Council stormwater
also need to be maintained to function reliably. pit. There is no evidence that this will direct
Also as swale drain will be required to collect water outside the site.
and carry water from area of some 250 to 300
square meters of site then capacity to cope is
in question.

Note storm water is often observed flowing The best way for any stormwater issues
from No 69 onto road side edge creating currently on the site is for the proposal to
erosion of gravel verge on Rosevears Drive. be approved and for it to go through the
plumbing approval process.

Number 69 Rosevears Drive has had a All stormwater drainage is on the subject
drainage problem partly due to run off from site. It is acceptable to divert it towards no
above the block and as such diverting it 67 (stormwater on all sites typically goes
towards No 67 is not acceptable. towards a neighbouring site) provided it
doesn’t actually go on to no 67 or any other
adjoining property.
Concrete sleeper retaining wall on SE of site This retaining wall is shown on the plans
shows no detail as to foundation adequacy to that were assessed by the Landslip Risk
retain the land slope that has been created by Assessment. Construction detail of the
earth works. retaining walls is addressed by the building
approval process.
Building height of 4.95m on top of This would result in a height of 6.95m. The
approximately 2m height soil bank will impose height limit for the zone is 8m. Visual bulk
above to surrounding properties and as such and overshadowing can only be considered
will reduce aspect. once this discretion is triggered. Aspect
relating to views is not a valid planning
consideration.
If the intention of the building is to carry out No, not as part of the planning approval.
vehicle repair (up 7 vehicles have been seen Environmental nuisance is regulated by the
on site and front nature reserve at times) then, Environmental Management and Pollution
shall any steps be taken to control pollution Control Act 1994.
from sanding dusts and paint spray?
Will any time restrictions be placed on No, not as part of the planning approval.
operation (noise etc) activities in the building? Noise levels of a residential use are
regulated by Environmental Management
and Pollution Control Act 1994.
An inappropriate development will tend to This is not a valid planning consideration.
reduce the amenity of the area that is popular The area is not in scenic management area.
with locals and, tourists who frequently stop
and take pictures of homes and river views.
Reduced property values should not be in the This is not a valid planning consideration.
interest of council as rates and charges are
based on the assessed values each year and
is therefore counter to the general need to
ensure these amounts are not impaired by
inappropriate development.

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12 June 2018
Garry Atkinson (representation to original
proposal, which he requested be
re-considered)
The landslide risk assessment includes
In principle I have no issue with the proposed recommendations with regards to
development. I do however need assurance stormwater management, subsoil drainage
that the development will not direct storm water and compacting of landfill. The building
onto my property located at 67 Rosevears and plumbing assessments and permits, as
Drive…….. required, will manage the stormwater. The
planning scheme does not provide for the
I would seek a guarantee that all surface and planning assessment to include stormwater
stormwater form this proposed site management.
modification and development will not be able
to enter my property as is currently occurring.
A more detailed site drainage plan and suitable
conditions on the planning approval would be
appropriate means of alleviating my concerns.

2nd representation was received - this fixed a


wording mistake and raised the following
additional concerns: The floor area of the proposed outbuilding
exceeds the 80m² set by the planning
The outbuilding at 143 meters square is scheme Acceptable Solution – therefore the
approximately 1.5 times the size of the house proposal are being assessed for
at 69 Rosevears Drive and as such is compliance against the Performance
disproportionate to the general aspect of the Criteria. The application is for a residential
area and the site. outbuilding; any approval will include 2
standard conditions that prohibit the
outbuilding being used for commercial or
industrial purposes as well as living in it.

The understood use of this larger outbuilding in No application has been made (nor can it)
the residence’s backyard as a vehicle repair for commercial use of the proposed
facility will thereby generate dust from sanding, outbuilding. Discussions with the applicant
fumes from spray painting and noise from revealed that he owns a few large American
panel beating that is usually associated with cars that he wants to store on his own
body works operations for motor vehicles. property. You can maintain and repair your
Will any steps be taken to reduce or eliminate own vehicles on your property; but this
these nuisance aspects of motor vehicle repair may not cause any environmental nuisance
operations that will arise from the proposed to the neighbours.
outbuilding? Will any restrictions be applied as
to the number of vehicles that are to be stored
and repaired at any one time?
As indications are that motor vehicle repair is
the purposed building use it is my belief the
site development would not fit with the general
residential aspect of the area.

While the concerns of the representor are noted, they did not raise any matters that alter assessment
of the application against the Scheme.

6) Alternative Options

The Planning Authority may approve (with or without conditions) or refuse the application, based on
its assessment against the Scheme and any representations that were received.

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12 June 2018

A recommendation was provided for approval with conditions. Any alternative recommendations
must be provided with relevant planning reasons.

7) Financial Impact

Financial impacts are normally limited to the application process and any appeal that may be lodged
against the Planning Authority’s decision, provided statutory obligations are met.

8) Officer’s Comments

The proposal was assessed against the provisions of the Scheme and complied with all relevant
tests; approval subject to conditions is recommended.

James Ireland
STATUTORY PLANNER

RECOMMENDATION
That application PA2018026 be determined as follows:
a. the requested variations comply with the relevant performance criteria;
b. the representations do not have planning merit when assessed against the Scheme; and
the application for an outbuilding by D. Perks, for land at 96 Rosevears Drive, Legana be
APPROVED subject to the following conditions:

ENDORSED PLANS
1. The use and/or development must be carried out as shown on the endorsed plans by Plans
to Build dated 19/4/18 (amended 14/5/18) (177055) and by Sheds n Homes Launceston
dated 13/03/18 (amended 14/5/18) (#SLAN170054-3) and Landslide Risk Assessment by
Tasman Geotechnics dated 7 June 2017 Document reference: TG17084/1-02report and
addendum dated 14 May 2018. Any other proposed development and/or use will require a
separate application to and assessment by the Council.

LANDSLIDE RISK
2. Prior to the commencement of the use, an accredited person must complete and submit to
Council FORM G Geotechnical Declaration Final Geotechnical Certificate (Australian
Geomechanics Vol 42 No 1 March 2007) confirming all development works have been carried
out in accordance with the requirements of the approved Landslide Risk Assessment by Tasman
Geotechnics dated 7 June 2017 Document reference: TG17084/1-02report and addendum
dated 14 May 2018.

NO INDUSTRIAL OR COMMERCIAL USE


3. The site/ building must not be used for commercial or industrial use.

NO HUMAN HABITATION
4. The building must not be used for human habitation.

Permit Notes

A. This permit was issued based on the proposal documents submitted for PA2018026. You
should contact Council with any other use or developments, as they may require the separate
approval of Council. Councils planning staff can be contacted on (insert phone number).

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12 June 2018
B. This permit takes effect after:
a) the 14 day appeal period expires; or
b) any appeal to the Resource Management and Planning Appeal Tribunal is abandoned
or determined; or.
c) any agreement that is required by this permit pursuant to Part V of the Land Use
Planning and Approvals Act 1993 is executed; or
d) any other required approvals under this or any other Act are granted.

C. This permit is valid for two (2) years only from the date of approval and will thereafter lapse if
the development is not substantially commenced. An extension may be granted subject to the
provisions of the Land Use Planning and Approvals Act 1993 as amended, by a request to
Council.

OTHER APPROVALS
D. This permit does not imply that any other approval required under any other by-law or
legislation has been granted.

RESTRICTIVE COVENANTS
E. The granting of this permit takes no account of any covenants applicable to the land. The
permit holder and any other interested party, should make their own enquires as to whether
the proposed development is effected, restricted or prohibited by any such covenant.
If the proposal is non-compliant with any restrictive covenants, those restrictive covenants
should be removed from the title prior to construction commencing or the owner will carry
the liability of potential legal action in the future.

APPEAL PROVISIONS
F. A planning appeal may be instituted by lodging a notice of appeal with the Registrar of the
Resource Management and Planning Appeal Tribunal.
A planning appeal may be instituted within 14 days of the date the Corporation serves notice
of the decision on the applicant.
For more information see the Resource Management and Planning Appeal Tribunal website
www.rmpat.tas.gov.au

PERMIT COMMENCEMENT
G. If an applicant is the only person with a right of appeal pursuant to section 61 of the Land
Use Planning and Approvals Act 1993 and wishes to commence the use or development
for which the permit has been granted within that 14 day period, the Council must be so
notified in writing. A copy of Council’s Notice to Waive Right of Appeal is attached.

ABORIGINAL HERITAGE
H. If any Aboriginal relics are uncovered during works;
a) All works are to cease within a delineated area sufficient to protect the unearthed and
other possible relics from destruction,
b) The presence of a relic is to be reported to Aboriginal Heritage Tasmania Phone: (03)
6233 6613 or 1300 135 513 (ask for Aboriginal Heritage Tasmania) Fax: (03) 6233 5555
Email: aboriginal@heritage.tas.gov.au; and
c) the relevant approval processes will apply with state and federal government agencies.

DECISION

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12 June 2018

PLAN 2 - Attachment 1
Location Plan
69 Rosevears Drive, Legana

Subject
Site

Representor Representor

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12 June 2018
PLAN 2 - Attachment 2
Proposal Plans
69 Rosevears Drive, Legana
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12 June 2018
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12 June 2018
PLAN 2- Attachment 3
Planning Assessment Report
69 Rosevears Drive, Legana
1 DEVELOPMENT DESCRIPTION
An 84m² outbuilding is proposed, to be 3.6m from the rear boundary and 2.6m from the south side
boundary. It is a 12m by 7m proprietary outbuilding with a wall height of 3.5m and an apex height of
4.95m. Land behind the outbuilding is retained with 1m high rock gabion walls and land in front of it
is filled, retained with 1m high concrete sleeper walls. The site plan shows the existing driveway
extending to the outbuilding with extensive drainage including grates, stormwater drains and pits and
a “V” swale blue metal drain. A new parking area is also proposed in front of the existing dwelling
with access via the exiting crossover.
2 SITE EVALUATION
Site analysis:-
 Location: 69 Rosevears Drive, Legana
 Area: 954 m²
 Slope: modified with some fill at the rear - natural fall of the land is towards the frontage
 Existing use/development: single dwelling
 Surrounding use/development: single dwellings, residential outbuildings and gardens
 Vegetation: grass only
SITE CONSTRAINTS/APPLICABLE OVERLAYS
 Contamination: none known
 Landslip: Medium landslide hazard band - see discussion below
 Flooding: The subject site is not prone to flooding.
 Environmental impacts and attenuation: none
 Capacity of infrastructure including access: The existing infrastructure, including access, has
sufficient capacity to service the proposal.
ANALYSIS
 Surrounding uses and developments that will impact on the proposal: The surrounding uses and
developments are compatible residential uses.
 Impact of the proposal on adjoining uses: The proposal is compatible with the surrounding uses.
 Effect of hazards on the proposal: There are no known hazards impacting on the proposal.
INTERNAL REFERRALS
 Internal referrals raised no issues.
3 PLANNING MATTERS
The subject site is within the Low Density Residential zone.
12.1 Zone Purpose
12.1.1 Zone Purpose Statements
12.1.1.1 To provide for residential use or development on larger lots in residential areas
where there are infrastructure or environmental constraints that limit development.
12.1.1.2 To provide for non-residential uses that are compatible with residential amenity.
12.1.1.3 To ensure that development respects the natural and conservation values of the
land and is designed to mitigate any visual impacts of development on public
views.
 Defined use as per planning scheme and classification: Residential - no permit required
 Compliance with standards of development
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12 June 2018
Development Standards
12.4.1.1 Site Coverage
Objective
a) To ensure that the site coverage respects the existing or preferred neighbourhood character:
and
b) To reduce the impact of increased stormwater runoff on the drainage system; and
c) To ensure sufficient area for landscaping and private open space.
Acceptable Solutions Performance Criteria
A1 The site coverage must not exceed P1 The site coverage must have regard to the:
30% of the site. a) size and shape of the site; and
b) existing buildings and any constraints imposed
by existing development or the features of the
site; and
c) site coverage of adjacent properties; and
d) effect of the visual bulk of the building and
whether it respects the neighbourhood
character; and
e) capacity of the site to absorb runoff; and
f) landscape character of the area and the need
to remove vegetation to accommodate
development.
Officer Comments: complies with the Acceptable Solution 20% coverage.

12.4.1.2 Building Height


Objective
To ensure that the height of dwellings respects the existing or desired future character statements.
Acceptable Solutions Performance Criteria
A1 Building height must not exceed 8 P1 Building height must be appropriate to the site and
metres. the streetscape having regard to the:
a) effect of the slope of the site on the height of the
building; and
b) relationship between the proposed building height
and the height of existing adjacent buildings; and
c) visual impact of the building when viewed from a
road.
Officer Comments: complies with the Acceptable Solution - apex height is 4.95m

12.4.1.3 Frontage Setbacks


Objective
To ensure that the setbacks of dwellings from the road respect the existing or preferred
neighbourhood character and make efficient use of the site.
Acceptable Solutions Performance Criteria
A1.1 Primary frontage setbacks must be a P1 Buildings are set back from the primary
minimum: frontage an appropriate distance having
a) in accordance with Table 12.1.4.3; and regard to:
Table 12.1.4.3 Primary Frontage Setback a) the efficient use of the site; and
Lots 2500 m2 or less 6 metres b) the safety of road users; and
2 c) the prevailing setbacks of existing buildings on
Lots between 2500 m 10 metres
and 5000m 2 nearby lots; and
Lots exceeding 5000m2 15 metres d) the visual impact of the building when viewed
from the road; and
b) for infill lots, within the range of the
e) retention of vegetation within the front setback.
frontage setbacks of buildings on
adjoining lots, indicated by the hatched
section in Figure 12.4.1.3 below; and
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12 June 2018

Existing
building
Infill Lot

Existing
building

Road

Figure 12.4.1.3 - Primary Frontage


Setback for Infill Lots
A1.2 Buildings must be set back a minimum
of 8 metres from the any other frontage.
Officer Comments: complies with the Acceptable Solution - proposed outbuilding is at the
rear of the existing dwelling.

12.4.1.4 Rear and Side Setbacks


Objective -To ensure that the:
a) height and setback of dwellings from a boundary respects the existing neighbourhood
character and limits adverse impact on the amenity and solar access of adjoining dwellings;
and
b) separation of buildings is consistent with the preferred low density character and local area
objectives, if any.
Acceptable Solutions Performance Criteria
A1 Buildings must be set back 5m from the P1 Building setback to the rear boundary must be
rear boundary. appropriate to the location, having regard to
the:
a) ability to provide adequate private open space
for the dwelling; and
b) character of the area and location of dwellings
on lots in the surrounding area; and
c) impact on the amenity and privacy of habitable
room windows and private open space of
existing and adjoining dwellings; and
d) impact on the solar access of habitable room
windows and private open space of adjoining
dwellings; and
e) locations of existing buildings and private open
space areas; and
f) size and proportions of the lot.
Officer Comments: the proposal is 3.8m from the rear boundary and must therefore rely on
the Performance Criteria for compliance:
The proposed location at the rear of the lot results in useable and adequate private open
space being available on the lot; outbuildings at the rear of dwellings are common in this
vicinity; due to the proposed location of the outbuilding and the location of the existing
dwellings on the adjoining lots, the proposed outbuilding will have limited impact on the
amenity and solar access of the adjoining dwellings since they are 11m (no. 67) and 22m
(no. 71) forward of the proposed outbuilding. It is therefore considered that the proposal
complies with the Performance Criteria.
A2 Buildings must be set back in accordance P2 Building setback to the side boundary must be
with Table 12.4.1.4 below. appropriate to the location, having regard to
the:

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12 June 2018
Table 12.4.1.4 a) ability to provide adequate private open space
Lots 2500 m2 or less 3 metres for the dwelling; and
Lots exceeding 2500m2 10 metre b) character of the area and location of dwellings
on lots in the surrounding area; and
c) impact on the amenity and privacy of habitable
room windows and private open space of
existing and adjoining dwellings; and
d) impact on the solar access of habitable room
windows and private open space of adjoining
dwellings; and
e) locations of existing buildings and private open
space areas; and
f) size and proportions of the lot; and
g) extent to which the slope and retaining walls or
fences reduce or increase the impact of the
proposed variation.
Officer Comments: the proposal is 2.6m from the south side boundary (acceptable solution
is 3m) and must therefore rely on the Performance Criteria for compliance:
The proposed location at the rear of the lot, results in useable and adequate open space
being available on the lot; outbuildings at the rear of dwellings are common in this vicinity;
due to the proposed location of the outbuilding and the location of the existing dwellings
on the adjoining lots, the proposed outbuilding will have limited impact on the amenity and
solar access of the adjoining dwellings since they are 11m (no. 67) and 22m (no. 71)
forward of the proposed outbuilding. It is therefore considered that the proposal complies
with the Performance Criteria.

12.4.1.6 Outbuildings and Ancillary Structures


Objective -To ensure that:
a) outbuildings do not detract from the amenity or established neighbourhood character; and
b) dwellings remain the dominant built form within an area.
Acceptable Solutions Performance Criteria
A1 Outbuildings must not have a: P1 Outbuildings must be designed and located
a) combined gross floor area of greater having regard to:
than 80 m2; and a) visual impact on the streetscape; and
b) maximum wall height of greater than 3.5 b) any adverse impacts on native vegetation; and
metres; and c) overshadow adjoining properties; and
c) maximum height greater than 5 metres. d) compatibility with the size and location of
outbuildings in the neighbourhood.
Officer Comments: The proposal does not comply with a) - gross floor area 84m² and must
therefore rely on the Performance Criteria for compliance. The proposal does however
comply with b) wall height = 3.5m and c) maximum height = 4.95m}
a) The proposal is behind the existing dwelling and blocked from the streetscape by the
dwelling;
b) There is no vegetation remaining in the back yard save for some grass;
c) There will be a limited shadow cast over 7-9 McEwans Rd in the morning and
afternoon over the backyard of 67 Rosevears Drive. Due to the low height above
ground level of the proposed outbuilding, it will be minimal and not cause any
detriment to the enjoyment of these lots;
d) The proposed outbuilding is well-matched with the size of outbuildings in the
neighbourhood. Outbuildings on lots in the neighbourhood are double garages or
carports or smaller garden outbuildings. The closest 2 larger outbuildings are at 8A
McEwans Road (96m²) and 4 McEwans Road (2 totalling 137m²). The proposed size of
the outbuilding is 84m² whilst the dwelling is 106m². The dwelling is therefore the
dominant built form on the lot.
The proposal is considered to comply with this Performance Criteria.
36
12 June 2018

Codes applicable to the application


The following codes are applicable to the proposal:
E3.0 Landslip Code
E3.1 Purpose of the Code
E3.1.1 The purpose of this provision is to:
a) ensure that use and development subject to risk from land instability is appropriately
located and that adequate measures are taken to protect human life and property; and
b) ensure that use and development does not cause, or have the cumulative potential to
cause an increased risk of land instability.

E3.2 Application of this Code


E3.2.1 This code applies to use or development of land:
a) mapped as landslip hazard area on the planning scheme maps; or
b) even if not mapped under subparagraph (a) if:
i) it is potentially subject to a landslip hazard; or
ii) it is identified in a report prepared by a suitably qualified person in accordance with
the development application which is lodged or required in response to a request
under Section 54 of the Act as actually or potentially subject to a landslip hazard.

E3.3 Definition of Terms


Landslip risk management assessment means an assessment and report prepared by a suitably
qualified person, in accordance with the Australian
Geomechanics Society - Practice Note Guidelines for
Landslide Risk Management 2007.
E3.6 Development Standards
E3.6.1 Development on Land Subject to Risk of Landslip
Objective
To ensure that development is appropriately located through avoidance of areas of landslip risk,
or where avoidance is not practicable, suitable measures are available to protect life and
property.
Acceptable Solution Performance Criteria
A1 No acceptable solution. P1 Development must demonstrate that the risk to
life and property is mitigated to a low or very
low risk level in accordance with the risk
assessment in E3.6.2 through submission of a
landslip risk management assessment.
Officer comments: The Landslide Risk Assessment by Tasman Geotechnics dated 7 June
2017 Document reference TG17084/1-02report and addendum dated 14 May 2018 confirms
compliance with the Performance Criteria.

E6.0 Car parking and Sustainable Transport Code applies to all applications. The proposal meets
all the relevant acceptable solutions in this code.

STATE POLICIES
The proposal is consistent with the intent of all State Policies.

OBJECTIVES OF THE LAND USE PLANNING AND APPROVALS ACT 1993


The proposal is consistent with the objectives of the Land Use Planning and Approvals Act 1993.

37
12 June 2018
PLAN 2 - Attachment 4
Representations
69 Rosevears Drive, Legana

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45
12 June 2018

GEN MAN 1 GENERAL MANAGER'S REPORT: TAMAR ESTUARY RIVER HEALTH


ACTION PLAN

1) Introduction

The purpose of this report is for Council to endorse The Tamar Estuary River Health Action Plan.

2) Background

On 20 April 2017 the Federal Government, State Government and City of Launceston signed the
Launceston City Deal. The purpose of the City deal is to help position Launceston ‘as one of
Australia’s most liveable and innovative regional cities’.

One of the key commitments in the Launceston City Deal is:


Taking action for a healthier waterway: Better governance and planning to improve the health of the
Tamar Estuary

To meet this commitment, the Tasmanian Government established a Tamar Estuary Management
Taskforce (Taskforce) to oversee the development of a River Health Action Plan. Taskforce
membership included representation from each local government organisation in the Tamar
catchment. Mayor Christina Holmdahl represents West Tamar Council.

The Taskforce established the following terms of reference. The Plan should include:
 Recommendations for priority government investments and policy actions
 Preferred options for mitigating the effect on the Tamar Estuary of the combined sewerage and
stormwater system
 Arrangements for the long-term oversight and ongoing governance of the health of the Tamar
Estuary and its catchments
 Measurable targets and accountability for meeting them over the life of the City Deal and the
longer term.

In setting the terms of reference the Taskforce also determined that the priority for the Plan would
be to identify initiatives to improve public health measures of water quality in the section of the Tamar
Estuary between Launceston and Legana.

The Tamar Estuary River Health Action Plan was developed through 2017 and released in February
2018.

The recommendations of the Plan include three key actions:


 Undertake work in the upstream catchment areas to improve management of riparian
vegetation and diary effluent
 Upgrade and improve the function of existing infrastructure servicing the combined sewerage
system in Launceston
 Determine appropriate governance arrangements for ongoing management of the Tamar
Estuary
A copy of the Plan is provided under separate cover.

On 7 May 2018 the Chair of TEMT, Mr Allan Garcia, wrote to West Tamar Council, confirming that
Federal and State Government had committed funding to the projects and initiatives set out in the
Plan. In his letter the Chair also sought formal Council endorsement of the Plan, stating:

46
12 June 2018
… endorsement would build momentum behind the implementation and, with similar support sought
from TasWater and the other councils in the Estuary catchment, would provide a unified validation
of the expected benefits.

3) Strategic/Annual Plan/Policy

One of the objectives of the strategic plan is “to care for and create a balance between the built and
natural environment.” The stated strategy to achieve this includes “Council will work with all relevant
stakeholders to provide an integrated approach to natural resource management and catchment
management through the appropriate local, regional and State bodies” .

4) Statutory Requirements

Not applicable.

5) Government Departments

The Plan has been developed in association with the State Government.

The Launceston Flood Authority is a member of the taskforce as are NRM North and TEER.

TasWater was part of the Combined System Overflow Working Group formed to provide expert input
into the Plan.

6) Community Consultation

Public consultation was undertaken between 16 September 2017 and 20 October 2017.

7) Alternative Options

Not applicable.

8) Financial Impact

Not applicable.

9) Officer’s Comments

The appointment and subsequent work produced by the Taskforce has resulted in a number of
encouraging outcomes, including:
• A collaborative, cross agency approach that has built on existing research and knowledge to
create a shared purpose
• Agreement, prioritisation, and direction on the most effective actions to improve river health
• The attraction of significant State and Federal funding to implement the Plan
• A commitment to ongoing management of the Tamar Estuary

The Plan reflects the solutions developed by the respective working groups. The working groups
have recommended actions that respond to the terms of reference and overall purpose of the project.
The recommendations in the Plan are grounded in technical knowledge, quantifiable data and
ongoing research. They provide an achievable and measurable framework for improving river health.

For these reasons it is recommended that Council resolves to endorse the Tamar Estuary River
Health Action Plan.

Rolph Vos
GENERAL MANAGER
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12 June 2018

RECOMMENDATION
That Council:
1. endorse the Tamar Estuary River Health Action Plan; and
2. write to the Chair of the Tamar Estuary Management Taskforce relaying the decision of Council.

DECISION

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CORP 1 CHIEF FINANCIAL OFFICER’S REPORT: 2018/2019 ESTIMATES AND RATES


AND CHARGES

1) Introduction

The purpose of this report is to adopt the 2018/2019 Estimates and Rates and Charges.

2) Background

Budget estimates were reviewed progressively at Council workshops on the 17 April, 1 May and 15
May 2018.

3) Strategic/Annual Plan

The Estimates conform to the programs in the Annual and Strategic plans.

4) Statutory Requirements

The Estimates have been prepared and are presented to conform with section 82 of the Local
Government Act 1993.

5) Government Departments

Not applicable.

6) Community Consultation

The Estimates underpin the Strategic Plan, which was developed using community consultation.

7) Alternative Options

Council could consider adjusting rating levels or service levels to further enhance future cash flows.

8) Financial Impact

The Estimates for the 2018/2019 financial year, including the effects on the rates and charges, are
enclosed.

9) Officer’s Comments

Rates payments may be made by four instalments or by one payment with a discount of 1.5% being
given if the whole of the rates demanded is received on or before 28 September 2018.

Jason Barker CPA


CHIEF FINANCIAL OFFICER

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12 June 2018
RECOMMENDATION
RESOLUTIONS:
1. General
That Council:
1. pursuant to section 82 of the Local Government Act 1993 adopts the 2018/2019
Estimates.
2. makes rates and charges for the period 1 July 2018 to 30 June 2019 in accordance
with the following resolutions:

RESOLUTIONS:
1. General Rate
(a) That pursuant to Section 90 of the Local Government Act 1993 (the Act) council makes
the following General Rate in relation to all rateable land (excluding land which is exempt
pursuant to the provisions of Section 87) within the West Tamar Municipal Area for the
period commencing 1 July 2018 to 30 June 2019, namely a rate of 8.35cents in the dollar
of assessed annual value of the land;

(b) That pursuant to Section 107 of the Act, by reason of the use or predominate use of the
land described below being for residential purposes, Council declares that the general
rate shall be varied by increasing it by 0.25 cents in the dollar of assessed annual value
to 8.6 cents in the dollar of assessed annual value of the land within the area identified
by that part of the Launceston Urban Fire Brigade District located in the West Tamar
Municipal Area as depicted on plan No. LD674a lodged with the Department of
Environment and Land Management and the revenue raised from the variation in the
General Rate be applied to the development of Windsor Park; and

(c) That pursuant to Section 90 (4) of the Act, Council sets a minimum amount payable in
respect of the general rate of $171.00.

(d) That pursuant to section 129(4) of the Act, Council grants a remission of the rates paid
or payable by the owners of land who have entered into a conservation covenant (from
both the Protected Areas on Private Land and the Private Forest Reserves Programs)
pursuant to the Nature Conservation Act 2002 of:
a) $5.00 per hectare; and
b) with a minimum remission per rateable property of $50.00 and a maximum remission
per rateable property of $500.00.

(e) That pursuant to section 129(4) of the Act, upon application by a registered Tasmanian
fire service volunteer, Council grants a remission of the annual fire service contribution
paid or payable on their principal place of residence.

(f) That pursuant to Section 129(4) of the Act Council grants a remission of 100% of all
Council rates paid or payable by the ratepayers (the lessees/licences) holding Crown
leases/licences for jetties/boatshed/slipways subject to the following criteria:
a. the lessee/licencee must be a ratepayer of the West Tamar Municipal Area: and
b. the land subject to the lease/licence must adjoin the lessee’s/licencee’s land and
the Tamar River or Bass Strait: and
c. the land subject to the lease/licence must be for the purpose of a
jetty/boatshed/slipway and used only for private recreational purposes pertaining
to the lessee; and
d. the land subject to the lease/licence has no separate Council service supplied
and connected to that land

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2. Service Rates and Service Charges
That pursuant to Sections 93 and 94 of the Act, Council makes the following service rates and service
charges in respect of all rateable land within the West Tamar Municipal Area (including land which
is otherwise exempt from rates pursuant to Section 87 of the Act but excluding Crown Land to which
Council does not supply any of the following services) for the period commencing on the 1st day of
July 2018 and ending on the 30th day of June 2019 namely:

A service charge for waste management (garbage removal) in respect of all lands to which Council
supplies a waste management service as follows:
(i) $156.00 for an 85-litre mobile garbage bin and one 140-litre mobile recycle bin;
(ii) $200.00 for a 140-litre mobile garbage bin and one 140-litre mobile recycle bin;
(iii) $273.00 for a 240-litre mobile garbage bin and one 140-litre mobile recycle bin;
(iv) $95.00 for a 240-litre mobile organic bin.

3. Separate Apportionments
For the purposes of this resolution the rates and charges shall apply to each parcel of land that is
shown as being separately valued in the valuation list prepared under the Valuation of Land Act
2001.

4. Fire Service Contribution


Pursuant to section 93A of the Act Council makes the following service rates in respect of the Fire
Service Contributions it must collect under the Fire Service Act 1979 for the rateable parcels of land
within the municipal area of West Tamar Municipal Area:
(i) for land within the Launceston Permanent Brigade Rating District, a service rate of 1.4 cents in
the dollar of assessed annual value;
(ii) for land within the volunteer Beaconsfield, Gravelly Beach, Kelso and Legana Volunteer Brigade
Rating District, a service rate of 0.395 cents in the dollar of assessed annual value; and
(iii) For land within the General Land Brigade Rating District, a service rate of 0.36 cents in the dollar
of assessed annual value.
Pursuant to section 90(3) of the Act Council sets the following minimum amounts payable in
respect of this rate;
 Launceston Permanent Brigade Rating District $40.00
 Beaconsfield, Gravelly Beach, Kelso and Legana Volunteer
Brigade Rating District $40.00
 General Land $40.00

5. Interest
That pursuant to Section 128 of the Act if any rate or instalment is not paid on or before the date it
falls due then there is payable a daily interest charge of 0.02414% in respect of the unpaid rate or
instalment for the period during which it is unpaid.

6. Rates payments
Pursuant to Section 124 of the Act, Council:
(a) permits all ratepayers to pay rates by instalments instead of by one payment, if ratepayers so
elect;
(b) determines that if all rates are paid by one payment, then the date by which the rates are due
to be paid shall be 28 September 2018;
(c) decides that where rates are payable by instalments, then they shall be paid by four
approximately equal instalments and determines that the dates by which such instalments are
to be paid shall be as follows:
i) the first instalment on or before 31 August 2018;
ii) the second instalment on or before 31 October 2018;
iii) the third instalment on or before 28 February 2019; and
iv) the fourth instalment on or before 30 April 2019

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7. Discount for early payment


Pursuant to Section 130 of the Act, Council offers to all ratepayers who pay the whole of the rates
specified in the rates notice in one payment on or before 28 September 2018, a discount of 1.5%
upon the current rates and charges.

8. Adjusted values
For the purposes of each of these resolutions any reference to assessed annual value includes a
reference to that value as adjusted pursuant to section 89 of the Act.

9. Words and Expressions


Words and expressions used both in these resolutions and in the Local Government Act 1993 or the
Fire Service Act 1979 have in these resolutions the same respective meanings as they had in those
Acts.

DECISION

Absolute majority required for the motion to be passed

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CORP 2 CHIEF FINANCIAL OFFICER’S REPORT: FEES AND CHARGES FOR THE
2018/2019 FINANCIAL YEAR

1) Introduction

The purpose of this report is for council to adopt its fees and charges for the 2018/2019 financial
year.

2) Background

The responsible officers have reviewed the fees and charges. The level of increase of fees and
charges were reviewed at a Budget Workshop held on Tuesday the 15 May 2018.

3) Strategic/Annual Plan

The fees and charges conform to the requirements of the Strategic and Annual Plans.

4) Statutory Requirements

Not applicable.

5) Government Departments

Not applicable.

6) Community Consultation

The fees and charges are in line with the Strategic Plan, which was developed with community
consultation.

7) Alternative Options

Not applicable.

8) Financial Impact

The recommended fees and charges reflect the 2018/2019 budgeted revenues.

9) Officer’s Comments

The increases in fees and charges have been kept to a minimum.

Jason Barker
CHIEF FINANCIAL OFFICER

RECOMMENDATION

That Council pursuant to Section 205 of the Local Government Act 1993, makes the following fees
and charges for the period 1 July 2018 to 30 June 2019.

DECISION

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CORP 3 MANAGER CORPORATE’S REPORT: DELEGATIONS UNDER THE FOOD


ACT 2003

1) Introduction

This report seeks Council's approval to provide a delegation to the General Manager for the purpose
of exercising all of Council’s powers and functions contained in the Food Act 2003 and to provide
the General Manager authority to further delegate selected functions to appropriate council
employees.

2) Background

Matters under the Food Act 2003 are presently considered by Council’s environmental health
officers. Council’s Senior Environmental Health Officer and 2 Environmental Health Officers are
currently appointed as Authorised Officers for the purpose of the Act. These appointments expire in
September 2018 and will require re-authorising at that time.

At the May 2018 ordinary meeting Council approved the provision of a delegation to the General
Manager for the purpose of section 87 of the Food Act 2003 relating to the registration of food
businesses. An authority to further delegate these functions to appropriate Council employees was
also approved.

This report now seeks to expand this delegation to provide for the General Manager to undertake all
of Council’s powers and functions contained within the Food Act 2003. A summary of these powers
and functions follows:
Section Detail
Sec 33 Making of order
Make an order to prevent or reduce the possibility of a serious danger to public
health or to mitigate the adverse consequences of a serious danger to public
health
Sec 34 (2) Nature of order
Revoke an order made under Sec 33
Sec 50 (2) Forfeiture of item
Destroy, sell or otherwise dispose of items forfeited under this section
Sec 52 (1) Return of forfeited item
Return forfeited items if satisfied that no contravention of the Act has been
committed in relation to the item
Sec 53 (4) (2) (3) Compensation to be paid in certain circumstances
Pay compensation in certain circumstances in respect of forfeited items
Sec 55 Enforcement agency entitled to answer application
Appear as respondent at a hearing of an application made under section 54
Sec 68 (2) (3) Compensation
Pay such compensation as is just and reasonable if there were no grounds for
issuing an order that was issued
Sec 83H Priority classification system
Determine the priority classification of individual food businesses for the purpose
of the application of any requirements of the regulations relating to food safety
programs; and determine the frequency of auditing of any food safety programs
required by the regulations to be prepared in relation to the food businesses
Sec 87 (1) (5) (6) (7) Registration of food business
To register food businesses located in the municipal area
Sec 89 (3) (5) Renewal of registration
Renew, vary, suspend or cancel food business registrations
Sec 91 Variation of conditions, or suspension or cancellation, of registration of
food businesses
Vary conditions, or suspend or cancel registration of food businesses
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Sec 94 Register of food businesses
Maintain a register of food businesses
Sec 97 Functions of councils
Take adequate measures to ensure that the provisions of the Act are complied
with
Sec 98 (4) Power of Director of Public Health to order council to perform duties
Request the Director of Public Health to exercise any of its powers or perform
any of its functions at the council's expense
Sec 100 (1) (2) Reports by councils
Report to the Director of Public Health, at such intervals as the Director of Public
Health requires, on the performance of functions under this Act by persons
employed or engaged by the council
Sec 101 (2) Appointment of Authorised Officers
Appoint a person to be an authorised officer for the purposes of this Act.
Sec 104(1) Institution of proceedings
Institute proceedings for an offence under this Act
Sec 118 (1) Infringement notices
Serve infringement notices

The report is also seeking a delegation for the General Manager to further delegate all the above
functions, excluding powers under section 101 (to appoint authorised officers), to appropriately
qualified employees. This further delegation is aimed to expedite the granting of future delegations
to appropriately qualified employees who are employed and trained to undertake these functions on
behalf of Council.

Providing the recommended delegation to the General Manager is aimed at assisting Council
effectively carry out the requirements of section 97 of the Food Act 2003, which stipulates that a
Council, within its municipal area, is to:
 take adequate measures to ensure that the provisions of the Act are complied with; and
 carry out any other function the Minister or Director of Public Health determines.

3) Strategic/Annual Plan/Council Policy

The proposed delegations are consistent with Council’s Strategic and Annual Plans and policies.

4) Statutory Requirements

As mentioned previously section 97 of the Food Act 2003 stipulates that a Council, within its
municipal area, is to:
a) take adequate measures to ensure that the provisions of the Act are complied with; and
b) carry out any other function the Minister or Director of Public Health determines.

Section 22 of the Local Government Act 1993 provides that a Council, in writing, may delegate with
or without conditions to the general manager any of its functions or powers under this or any other
Act, other than:
 this power of delegation, unless authorised by the Council; and
 the powers referred to in subsection (3).

Furthermore section 64 of the Act provides the general manager, in writing, may delegate to an
employee of the Council:
 any functions or powers under this or any other Act, other than this power of delegation; and
 any functions or powers delegated by the Council which the Council authorised the general
manager to delegate.

5) Government Departments

The Food Act 2003 is administered by the Director of Public Health.


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6) Community Consultation

Not applicable.

7) Alternative Options

Council could choose not to approve the proposed delegations or could make amendments.

8) Risk Assessment

Functions carried out under delegations need to be carried out in accordance with legislative
requirements and/or Council policy. The Food Act 2003 aims to negate potentially serious health
issues and it is therefore important for Council to have effective and timely processes in place. The
approval of this delegation should assist Council mitigate risks in this area.

9) Financial Impact

Not applicable.

10) Officer’s Comments

The proposed delegation would provide the General Manager with the authority to undertake
Council’s functions and obligations imposed by the Food Act 2003 and to further delegate selected
functions to appropriately qualified employees. Due to the potential for serious health issues to arise
it is important that Council has effective processes in place to meet the obligations imposed by the
Act. This delegation is designed to ensure Council can continue to effectively undertake these
functions in a timely manner through the utilisation of properly trained, appropriately qualified and
authorised employees.

David Gregory
MANAGER CORPORATE

RECOMMENDATION
That Council:
1. In accordance with section 22 of the Local Government Act 1993 Council approves a delegation
to the General Manager (or to a person acting in that capacity) for the purpose of exercising all
of Council’s powers and functions contained in the Food Act 2003.
2. In accordance with section 64 of the Local Government Act 1993 the Council provides the
General Manager authority to further delegate the functions of the following sections of the Food
Act 2003 to appropriate employees:

Section Detail
Sec 33 Making of order
Make an order to prevent or reduce the possibility of a serious danger to public
health or to mitigate the adverse consequences of a serious danger to public
health
Sec 34 (2) Nature of order
Revoke an order made under Sec 33
Sec 50 (2) Forfeiture of item
Destroy, sell or otherwise dispose of items forfeited under this section
Sec 52 (1) Return of forfeited item
Return forfeited items if satisfied that no contravention of the Act has been
committed in relation to the item

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Sec 53 (4) (2) (3) Compensation to be paid in certain circumstances
Pay compensation in certain circumstances in respect of forfeited items
Sec 55 Enforcement agency entitled to answer application
Appear as respondent at a hearing of an application made under section 54
Sec 68 (2) (3) Compensation
Pay such compensation as is just and reasonable if there were no grounds for
issuing an order that was issued
Sec 83H Priority classification system
Determine the priority classification of individual food businesses for the purpose
of the application of any requirements of the regulations relating to food safety
programs; and determine the frequency of auditing of any food safety programs
required by the regulations to be prepared in relation to the food businesses
Sec 87 (1) (5) (6) Registration of food business
(7) To register food businesses located in the municipal area
Sec 89 (3) (5) Renewal of registration
Renew, vary, suspend or cancel food business registrations
Sec 91 Variation of conditions, or suspension or cancellation, of registration of
food businesses
Vary conditions, or suspend or cancel registration of food businesses
Sec 94 Register of food businesses
Maintain a register of food businesses
Sec 97 Functions of councils
Take adequate measures to ensure that the provisions of the Act are complied
with
Sec 98 (4) Power of Director of Public Health to order council to perform duties
Request the Director of Public Health to exercise any of its powers or perform
any of its functions at the council's expense
Sec 100 (1) (2) Reports by councils
Report to the Director of Public Health, at such intervals as the Director of Public
Health requires, on the performance of functions under this Act by persons
employed or engaged by the council
Sec 104(1) Institution of proceedings
Institute proceedings for an offence under this Act
Sec 118 (1) Infringement notices
Serve infringement notices

DECISION

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CORP 4 MANAGER CORPORATE’S REPORT: DELEGATIONS UNDER THE PUBLIC


HEALTH ACT 1997

1) Introduction

This report seeks Council's approval to amend a delegation to the General Manager by extending
authority for the purpose of delegating selected functions contained in the Public Health Act 1997 to
appropriate council employees.

2) Background

Matters under the Public Health Act 1997 are presently considered by Council’s environmental health
officers who are appointed as Authorised Officers for the purpose of the Act. Also, the General
Manager presently holds a delegation to assume Council’s powers under the Public Health Act 1997.
This delegation includes the authority to issue letters of appointment, certificates of authority and
identification cards to Council’s Environmental Health Officers as required by the Act.

This report now seeks to extend this delegation to authorise the General Manager to further delegate
specific functions contained within the Public Health Act 1997 to appropriately qualified employees.
This extension is aimed at expediting the granting of future delegations to appropriately qualified
employees who are employed and trained to undertake these functions on behalf of Council. A
summary of the functions being recommended for delegation to employees follows:
Section Detail
Sec 77 (1) (3) Grant or refusal of licence
grant or refuse to grant an application for a place of assembly licence for a specific
event or for general purposes
Sec 78 Issue of licence
issue and endorse a place of assembly licence including specified conditions
Sec 81 Renewal of licence
grant or refuse to grant an application to renew a place of assembly licence
Sec 82 Variation of licence
vary a place of assembly licence by omitting, adding, substituting or amending any
condition of the licence
Sec 83 Cancellation of licence
may cancel a place of assembly licence subject to specified conditions
Sec 97 Grant or refusal of registration of premises
grant or refuse to grant an application for the registration of premises where a public
risk activity may be carried out
Sec 98 Issue of certificate of registration of premises
issue and endorse a certificate of registration of premises in an approved form including
specified conditions
Sec 101 Renewal of registration of premises
grant or refuse to grant an application to renew the registration of premises
Sec 102 Variation of registration of premises
vary the registration of premises by omitting, adding, substituting or amending any
condition of the registration
Sec 103 Cancellation of registration of premises
cancel the registration of premises subject to specified conditions
Sec 106 Grant or refusal of licence
grant or refuse to grant an application for a licence to carry out any public health risk
activity
Sec 107 Issue of licence
issue and endorse a licence to carry out any public health risk activity in an approved
form including specified conditions

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Sec 110 Renewal of licence
grant or refuse to grant an application to renew a licence to carry out any public health
risk activity
Sec 111 Variation of licence
vary a licence to carry out any public health risk activity by omitting, adding, substituting
or amending any condition of the registration
Sec 112 Cancellation of licence
cancel a licence to carry out any public health risk activity subject to specified
conditions
Sec 115 Grant or refusal of registration of regulated system
grant or refuse to grant an application for registration of a regulated system
Sec 116 Issue of certificate of registration
issue and endorse the certificate of registration of a regulated system in an approved
form including specified conditions
Sec 119 (1) (3) Notice to comply with direction
serve a notice on the owner of premises where a registered system is installed requiring
that the owner comply with a specified direction or any relevant guidelines relating to
the system and that the owner does not operate the system until the Council is satisfied
that the specified direction or relevant guidelines have been complied with
Sec 121 Renewal of registration
grant or refuse to grant an application to renew the registration of a regulated system
Sec 122 Variation of registration
vary the registration of a regulated system by omitting, adding, substituting or
amending any condition of the registration
Sec 123 Cancellation of registration
cancel the registration of a regulated system subject to specified conditions
Sec 135 Grant or refusal of registration
grant or refuse to grant an application for registration as a supplier of water from a
private water source with or without conditions
Sec 136 Issue of certificate of registration
issue and endorse the certificate of registration as a supplier of water from a private
water source in an approved form including specified conditions
Sec 136AA Renewal of Registration
grant or refuse to grant an application to renew the registration as a supplier of water
from a private water source
Sec 136B Variation of registration
vary the registration of a supplier of water from a private water source by omitting,
adding, substituting or amending any condition of the registration
Sec 136C Cancellation of registration
cancel the registration of a supplier of water from a private water source subject to
specified conditions
Sec 136G Grant or refusal of registration
grant or refuse to grant an application for registration as a water carrier with or without
conditions
Sec 136H Issue of certificate of registration
issue and endorse the certificate of registration as a water carrier in an approved form
including specified conditions
Sec 136I Renewal of registration of water carrier
grant or refuse to grant an application to renew the registration as a water carrier
Sec 136K Variation of registration of water carrier
vary the registration of a water carrier by omitting, adding, substituting or amending
any condition of the registration
Sec 136L Cancellation of registration of water carrier
cancel the registration of a water carrier subject to specified conditions

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Providing the recommended delegation to the General Manager is aimed at assisting Council
effectively carry out the requirements of section 27 of the Public Health Act 1997 which stipulates
that a Council, within its municipal area, must:
a) develop and implement strategies to promote and improve public health; and
b) ensure that the provisions of this Act are complied with; and
c) carry out any other function for the purpose of this Act the Minister or Director determines.

3) Strategic/Annual Plan/Council Policy

The proposed delegations are consistent with Council’s Strategic and Annual Plans and policies.

4) Statutory Requirements

As mentioned previously section 27 of the Public Health Act 1997 which stipulates that a Council,
within its municipal area, must:
a) develop and implement strategies to promote and improve public health; and
b) ensure that the provisions of this Act are complied with; and
c) carry out any other function for the purpose of this Act the Minister or Director determines.

Section 22 of the Local Government Act 1993 provides that a Council, in writing, may delegate with
or without conditions to the general manager any of its functions or powers under this or any other
Act, other than:
 this power of delegation, unless authorised by the Council; and
 the powers referred to in subsection (3).

Furthermore section 64 of the Act provides the general manager, in writing, may delegate to an
employee of the Council:
 any functions or powers under this or any other Act, other than this power of delegation; and
 any functions or powers delegated by the Council which the Council authorised the general
manager to delegate.

5) Government Departments

The Public Health Act 1997 is administered by the Director of Public Health.

6) Community Consultation

Not applicable.

7) Alternative Options

Council could choose not to approve the proposed delegations or could make amendments.

8) Risk Assessment

Functions carried out under delegations need to be carried out in accordance with legislative
requirements and/or Council policy. The Public Health Act 1997 aims to negate potentially serious
health issues and it is therefore important for Council to have effective and timely processes in place.
The approval of this delegation should assist Council mitigate risks in this area.

9) Financial Impact

Not applicable.

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10) Officer’s Comments

The proposed amendment to the General Manager’s delegation will provide the authority to further
delegate selected functions required by the Public Health Act 1997 to appropriately qualified
employees. Due to the potential for serious health issues to arise it is important that Council has
effective processes in place to meet the obligations imposed by the Act. This delegation is designed
to ensure council can continue to effectively undertake these functions in a timely manner through
the utilisation of properly trained, appropriately qualified and authorised employees.

David Gregory
MANAGER CORPORATE

RECOMMENDATION
That Council, in accordance with section 22 and section 64 of the Local Government Act 1993,
amends the General Manager’s delegation of functions and powers under the Public Health Act 1997
to include authority to delegate the following functions of the Public Health Act 1997 to appropriate
employees:

Section Detail
Sec 77 (1) (3) Grant or refusal of licence
grant or refuse to grant an application for a place of assembly licence for a specific
event or for general purposes
Sec 78 Issue of licence
issue and endorse a place of assembly licence including specified conditions
Sec 81 Renewal of licence
grant or refuse to grant an application to renew a place of assembly licence
Sec 82 Variation of licence
vary a place of assembly licence by omitting, adding, substituting or amending any
condition of the licence
Sec 83 Cancellation of licence
may cancel a place of assembly licence subject to specified conditions
Sec 97 Grant or refusal of registration of premises
grant or refuse to grant an application for the registration of premises where a public
risk activity may be carried out
Sec 98 Issue of certificate of registration of premises
issue and endorse a certificate of registration of premises in an approved form
including specified conditions
Sec 101 Renewal of registration of premises
grant or refuse to grant an application to renew the registration of premises
Sec 102 Variation of registration of premises
vary the registration of premises by omitting, adding, substituting or amending any
condition of the registration
Sec 103 Cancellation of registration of premises
cancel the registration of premises subject to specified conditions
Sec 106 Grant or refusal of licence
grant or refuse to grant an application for a licence to carry out any public health risk
activity
Sec 107 Issue of licence
issue and endorse a licence to carry out any public health risk activity in an approved
form including specified conditions
Sec 110 Renewal of licence
grant or refuse to grant an application to renew a licence to carry out any public health
risk activity
Sec 111 Variation of licence
vary a licence to carry out any public health risk activity by omitting, adding,
substituting or amending any condition of the registration

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Sec 112 Cancellation of licence
cancel a licence to carry out any public health risk activity subject to specified
conditions
Sec 115 Grant or refusal of registration of regulated system
grant or refuse to grant an application for registration of a regulated system
Sec 116 Issue of certificate of registration
issue and endorse the certificate of registration of a regulated system in an approved
form including specified conditions
Sec 119 (1) (3) Notice to comply with direction
serve a notice on the owner of premises where a registered system is installed
requiring that the owner comply with a specified direction or any relevant guidelines
relating to the system and that the owner does not operate the system until the Council
is satisfied that the specified direction or relevant guidelines have been complied with
Sec 121 Renewal of registration
grant or refuse to grant an application to renew the registration of a regulated system
Sec 122 Variation of registration
vary the registration of a regulated system by omitting, adding, substituting or
amending any condition of the registration
Sec 123 Cancellation of registration
cancel the registration of a regulated system subject to specified conditions
Sec 135 Grant or refusal of registration
grant or refuse to grant an application for registration as a supplier of water from a
private water source with or without conditions
Sec 136 Issue of certificate of registration
issue and endorse the certificate of registration as a supplier of water from a private
water source in an approved form including specified conditions
Sec 136AA Renewal of Registration
grant or refuse to grant an application to renew the registration as a supplier of water
from a private water source
Sec 136B Variation of registration
vary the registration of a supplier of water from a private water source by omitting,
adding, substituting or amending any condition of the registration
Sec 136C Cancellation of registration
cancel the registration of a supplier of water from a private water source subject to
specified conditions
Sec 136G Grant or refusal of registration
grant or refuse to grant an application for registration as a water carrier with or without
conditions
Sec 136H Issue of certificate of registration
issue and endorse the certificate of registration as a water carrier in an approved form
including specified conditions
Sec 136I Renewal of registration of water carrier
grant or refuse to grant an application to renew the registration as a water carrier
Sec 136K Variation of registration of water carrier
vary the registration of a water carrier by omitting, adding, substituting or amending
any condition of the registration
Sec 136L Cancellation of registration of water carrier
cancel the registration of a water carrier subject to specified conditions

DECISION

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CNCL 1 NOTICE OF MOTION: COUNCILLOR KEARNEY: DONATION TO DERWENT


VALLEY COUNCIL

1) Motion

That West Tamar Council make a donation of $6,000 to the Derwent Valley Council for flood relief
in the municipality and that the donation be made to cover the installation cost of replacing damaged
infrastructure in the Tynwald Park.

2) Background

This motion is moved on behalf of the West Tamar Councillors who have considered and discussed
how the West Tamar Council could assist in helping with the damage caused by the recent floods.

The recent floods have been extremely damaging to the assets of individuals, communities and to
council infrastructure.

In this instance we are able to provide for the installation of replacement play equipment, the
installation of six aluminium bench seats and damaged fencing in the Tynwald Park in New Norfolk.
Tynwald Park is a popular place for family BBQ's and picnics, the park has several sheltered BBQ
areas equipped with electric barbecues. There is a fenced children's educational bike track complete
with traffic lights and road signs. Some other facilities include fitness equipment, cricket practice
nets, soccer and football oval, open space public toilets with disabled access and children’s play
equipment

In previous natural disasters, our council has made donations to assist other communities. These
donations have been to communities in Tasmania and beyond. The most recent donations have
been to the Kentish Council at the time of the 2016 floods and the Sorell Council at the time of the
2013 bushfire disaster.

Such donations are important as they help in a small way in assisting the remediation of damage
caused by the disaster.

At another level, it is a small gesture of solidarity with the affected community. It lets people know
that they are not "on their own".

I hope Council can see its way clear to agree to this motion.

Peter Kearney
COUNCILLOR

RECOMMENDATION
That Council make a donation of $6,000 to the Derwent Valley Council for the installation of
replacement play equipment, the installation of six aluminium bench seats and damaged fencing in
the Tynwald Park.

DECISION

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12 June 2018

/18 MEETING CLOSURE

Moved Cr....................................seconded Cr..................................that, pursuant to Section 15(1) of


the Local Government (Meeting Procedures) Regulations 2015, Council close the meeting to the
public.

This motion requires an absolute majority.

ITEMS FOR THE CLOSED SECTION OF THE MEETING:

Confidential Minutes 15 May 2018

115

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